New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-20
DO EXPLANATIONS EXPLAINP

Reading Judge COoley's labond explanation
of tho hasty suspension of the short-haul pro
vision in favor of Southern roads generally
and refusal to suspend in most other cases. one
is moved to quote, whoever so excuses, &C
cnses.' Most appeals for suspension have
been rejected, he says. because the commission
has no power to set aside the law generally,
even if evil is found to results in every case
Of its enforcement That is certainly a sound
Interpretation of the commissions legal duties.
But how is it to be Ieconcied with a general
suspension Of the law on Southern railroads.
The explanation is curious enough to be given
in Judge Cooley's own words:
The commission, however, deemed 1t wlso 70 grant
some temporary Orders on an Investigation not n
complete as it expected finally to make. This was
done in tho belief that considerable mischief could
follow from allowing an listing condition Of things
to remain for brief period, whether it was then
suffered to stand or not, and that harmful results
from sudden change In the law might thereby TO
some extent be averted. This course also gave the
commission such opportunity for careful study of
the system which Congress undertook ID reform as
would otherwise have been wanting. If the new law
had boan left to operate universally the old .tte OF
things would havo been swept away at and the
commissions seeing only what hal been substituted
lOr IT, WOuu nave Dceu deprived OF inc Dcst ana most
satisfactory means OF making Just comparison.
Are we really to believe that the com
mission could in no way have discovered
what rates were charged or what methods
existed, prior TO the change April 81 Does
Judge Cooley imagine that the public can &C
cept this as a candid statement Of the com
missions reasons? If the commission is not
conscious Of weakness in this position, 1t fails
TO see itself as others sec IL. The law CON
templated universal change, the free and
fair trial everywhere of a general rule, and
interference only in special cases where, after
investigation, tho commission found that the
general rule worked peculiar and exceptional
injury. SO far the commission intcrprets the
law with undeniable accuracy. But now it
proceeds TO set aside the law for the benefit
of substantially all transporting companies in
one section. in order to have before ID means
Of "just comparison to sec how much better
or worse one region fares than the other.
The very language of this explanation indi-
Gates how difficult the work of excuse ap-
pcared 20 the distinguished head Of the com
mission.
All this time tho vital question whether the
law anywhere or in any case requires as high
rates for competitive or th oush traffic "a TO-
local OF competing traffic. remains in
allegiance. Tho commission avoids it. It's
action and non a :tion ON the sbcrt-haul clause
and all it, comments, reasons and excuses
only serve to put out of sight that funda-
mental question. The railroads apparently re
serve that question for the courts with a
full comprehension of tho fact that It's de-
cision one way or the other will determine
the entire meaning and force Of the act
Possibly it might be as well for the com
mission itself to confront that most important
Of all the iquestions arising for its consider
alton without much further delay.